( 1 ) THIS appeal under Sec. 30 of the Workmens Compensation act, 1923 (act for short, hereinafter) is directed against the judgment and award passed by the learned Commissioner for Workmen Compensation at jamnagar in Workman Compensation Application No. 49 of 1981.

( 2 ) THE appellant in this appeal is the original applicant, who preferred the application for compensation of Rs. 8,100. 00 alongwith claim of penalty and interest by invoking the aids of the provisions of Sec. 3 of the Act, before the Commissioner for Workmen Compensation (commissioner for short, hereinafter), at Jamnagar.

( 3 ) AS per the case of the applicant, he was serving as a driver of respondent No. I/original opponent No. 1, Khavas Shantilal Kanji and was plying his auto-rickshaw bearing registration No. GTP 734. The applicant was getting Rs. 20. 00 per day over and above Rs. 2. 00 per day towards miscellaneous expenses from his master. Thus, the applicant was working as a driver of original opponent No. 1. The accident in question occurred, on 5-1-1980. According to the case of the claimant/applicant, he was driving the said auto-rickshaw and was going on towards Street no. 11, Digvijay Plots,